do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8257 — NN Group/Delta Lloyd) (Text with EEA relevance. )
Date: 2017-02-28
Institutions: European Commission
Subjects: economic concentration, financial services, insurance, merger control, supplementary pension








C_2017064EN.01000701.xml










28.2.2017   


EN


Official Journal of the European Union


C 64/7





Prior notification of a concentration
(Case M.8257 — NN Group/Delta Lloyd)
(Text with EEA relevance)
(2017/C 64/07)






1.


On 22 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which NN Group N.V. (the Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Delta Lloyd N.V. (the Netherlands) by way of a public bid.










2.


The business activities of the undertakings concerned are:
—   NN Group N.V.: the provision of life and non-life insurance policies, pension products, banking and asset management services to both individuals and corporations, in a number of European markets and outside Europe,
—   Delta Lloyd: the provision of life, non-life and distribution of health insurance policies, the provision of pension products, banking and asset management services to both individuals and corporations in the Netherlands and Belgium.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8257 — NN Group/Delta Lloyd, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Case T-135/17: Action brought on 28 February 2017 — Scor v Commission
Date: 2017-02-28
Institutions: General Court
Subjects: France, State aid, control of State aid, guarantee, natural disaster, principle of proportionality, reimbursement of aid, reinsurance








C_2017144EN.01005001.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/50





Action brought on 28 February 2017 — Scor v Commission
(Case T-135/17)
(2017/C 144/69)
Language of the case: French

Parties


Applicant: Scor SE (Paris, France) (represented by: N. Baverez, N. Autet, M. Béas and G. Marson, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul point ‘(i) an unlimited guarantee granted to the Caisse Centrale de Réassurance (CCR) for its business of reinsuring the risks of natural disasters in France’ of State aid Decision SA.37649 (2013/CP); SA.45860 (2016/PN); SA.45860 (2016/N) — France of 26 September 2016, C(2016) 5995 final;










—


order the Commission to pay all of the costs, in accordance with Article 134 of the Rules of Procedure of the General Court.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, based on the contention that the contested decision rests on an incorrect legal basis for the purpose of assessing the compatibility of the guarantee granted to the Caisse Centrale de Réassurance.










2.


Second plea in law, alleging several failures to state reasons which vitiate the contested decision.










3.


Third plea in law, alleging infringement of Article 107(3)(c) TFEU. This plea is divided into two parts:






—


first part, alleging errors of law relating to the application of the proportionality test;










—


second part, alleging that the guarantee is disproportionate in nature.














4.


Fourth plea in law, alleging infringement of the applicant’s procedural rights.
Selection Procedure PE/195/S — Temporary staff member — Head of Unit (AD 14) — List of suitable candidates
Date: 2017-02-28
Institutions: European Parliament
Subjects: administrator, competition (EU), servant (EU)








CA2017064EN.01000101.xml










28.2.2017   


EN


Official Journal of the European Union


CA 64/1





SELECTION PROCEDURE PE/195/S
Temporary staff member — Head of Unit (AD 14)
LIST OF SUITABLE CANDIDATES
(2017/C 064 A/01)
 






1.


BORDEZ, Emmanuel




The list of suitable candidates was adopted on 14 February 2017.
Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006 concerning restrictive measures against Belarus
Date: 2017-02-28
Institutions: Council of the European Union
Subjects: Belarus, economic sanctions, international sanctions, natural person








C_2017064EN.01000201.xml










28.2.2017   


EN


Official Journal of the European Union


C 64/2





Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2012/642/CFSP and in Council Regulation (EC) No 765/2006 concerning restrictive measures against Belarus
(2017/C 64/02)
The following information is brought to the attention of the persons and entities designated in the Annex to Council Decision 2012/642/CFSP (1), as amended by Council Decision (CFSP) 2017/350 (2), and in Annex I to Council Regulation (EC) No 765/2006 (3), concerning restrictive measures against Belarus.
The Council of the European Union, after having reviewed the list of persons and entities designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Decision 2012/642/CFSP and Regulation (EC) No 765/2006 should continue to apply to those persons. The grounds for designations of those persons appear in the relevant entries in those Annexes.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
The persons concerned may submit a request to the Council before 31 December 2017, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu




Any observations received will be taken into account for the purpose of the Council’s periodic review, pursuant to Article 8(2) of Decision 2012/642/CFSP and Article 8a(4) of Regulation (EC) No 765/2006, of the list of designated persons and entities.


(1)  OJ L 285, 17.10.2012, p. 1.

(2)  OJ L 50, 28.2.2017, p. 81.

(3)  OJ L 134, 20.5.2006, p. 1.
Non-opposition to a notified concentration (Case M.8263 — Sharp/Skytec UMC) (Text with EEA relevance. )
Date: 2017-02-28
Institutions: European Commission
Subjects: economic concentration, electronics industry, merger control








C_2017064EN.01000101.xml










28.2.2017   


EN


Official Journal of the European Union


C 64/1





Non-opposition to a notified concentration
(Case M.8263 — Sharp/Skytec UMC)
(Text with EEA relevance)
(2017/C 64/01)
On 15 February 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8263. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-192/16: Order of the General Court of 28 February 2017 — NF v European Council (Action for annulment — EU-Turkey statement of 18 March 2016 — Press release — Concept of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction)
Date: 2017-02-28
Institutions: General Court
Subjects: Türkiye, agreement (EU), aid to refugees, international agreement, jurisdiction, migratory movement, press release








C_2017121EN.01003002.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/30





Order of the General Court of 28 February 2017 — NF v European Council
(Case T-192/16) (1)

((Action for annulment - EU-Turkey statement of 18 March 2016 - Press release - Concept of ‘international agreement’ - Identification of the author of the act - Scope of the act - Meeting of the European Council - Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union - Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country - First paragraph of Article 263 TFEU - Lack of jurisdiction))
(2017/C 121/44)
Language of the case: English

Parties


Applicant: NF (represented by: B. Burns, Solicitor, P. O’Shea and I. Whelan, Barristers)

Defendant: European Council (represented by: K. Pleśniak, Á. de Elera-San Miguel Hurtado and S. Boelaert, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking the annulment of an alleged agreement concluded between the European Council and the Republic of Turkey dated 18 March 2016 and entitled ‘EU-Turkey statement, 18 March 2016’.

Operative part of the order







1.


The action is dismissed on the ground of the Court’s lack of jurisdiction to hear and determine it.










2.


There is no need to rule on the applications for leave to intervene submitted by NQ, NR, NS, NT, NU and NV, as well as by the Kingdom of Belgium, the Hellenic Republic and the European Commission.










3.


NF and the European Council shall bear their own costs.










4.


NQ, NR, NS, NT, NU and NV, as well as the Kingdom of Belgium, the Hellenic Republic and the Commission, shall bear their own costs.






(1)  OJ C 232, 27.6.2016.
Case T-766/15: Judgment of the General Court of 28 February 2017 — Labeyrie v EUIPO — Delpeyrat (Representation of a sowing of golden fish on a blue background) (EU trade mark — Revocation proceedings — EU figurative mark representing a sowing of golden fish on a blue background — Declaration of revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form that differs in elements does not alter the distinctive character)
Date: 2017-02-28
Institutions: General Court
Subjects: EU trade mark, fish product, foodstuff, preserved product, registered trade mark, trade-mark law








C_2017121EN.01002801.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/28





Judgment of the General Court of 28 February 2017 — Labeyrie v EUIPO — Delpeyrat (Representation of a sowing of golden fish on a blue background)
(Case T-766/15) (1)

((EU trade mark - Revocation proceedings - EU figurative mark representing a sowing of golden fish on a blue background - Declaration of revocation - Genuine use of the mark - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Form that differs in elements does not alter the distinctive character))
(2017/C 121/40)
Language of the case: French

Parties


Applicant: Labeyrie (Saint-Geours-de-Maremne, France) (represented by: A. Lecomte, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Delpeyrat (Saint-Pierre-du-Mont, France) (represented by: J. Ennochi, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 15 October 2015 (Case R 2693/2014-1), relating to revocation proceedings between Depeyrat and Labeyrie.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Labeyrie to bear its own costs as well as those incurred by EUIPO;










3.


Orders Delpeyrat to bear its own costs.






(1)  OJ C 78, 29.2.2016.
Case C-106/17: Request for a preliminary ruling from the Sąd Okręgowy w Szczecinie (Poland) lodged on 28 February 2017 — Paweł Hofsoe v LVM Landwirtschaftlicher Versicherungsverein Münster a.G.
Date: 2017-02-28
Institutions: Court of Justice
Subjects: civil liability, civil liability proceedings, damages, debt, insurance, jurisdiction, natural person, transport accident, trauma








C_2017202EN.01000803.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/8





Request for a preliminary ruling from the Sąd Okręgowy w Szczecinie (Poland) lodged on 28 February 2017 — Paweł Hofsoe v LVM Landwirtschaftlicher Versicherungsverein Münster a.G.
(Case C-106/17)
(2017/C 202/13)
Language of the case: Polish

Referring court

Sąd Okręgowy w Szczecinie

Parties to the main proceedings


Applicant: Paweł Hofsoe

Defendant: LVM Landwirtschaftlicher Versicherungsverein Münster a.G. having its place of establishment in Münster

Question referred

Must the reference, in Article 13(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1), to Article 11(1)(b) thereof be interpreted as meaning that a natural person who is engaged in, inter alia, obtaining damages from insurers, and who relies on the acquisition of a debt on a contractual basis from the party directly injured may bring an action for that debt against the civil-liability insurer of the person responsible for a road accident, which has its registered office in a Member State other than the Member State of the place of domicile of the injured party, before a court of the Member State in which that injured party is domiciled?


(1)  OJ 2012 L 351, p. 1.
Case T-193/16: Order of the General Court of 28 February 2017 — NG v European Council (Action for annulment — EU-Turkey statement of 18 March 2016 — Press release — Concept of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction)
Date: 2017-02-28
Institutions: General Court
Subjects: Türkiye, agreement (EU), aid to refugees, international agreement, jurisdiction, migratory movement, press release








C_2017121EN.01003101.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/31





Order of the General Court of 28 February 2017 — NG v European Council
(Case T-193/16) (1)

((Action for annulment - EU-Turkey statement of 18 March 2016 - Press release - Concept of ‘international agreement’ - Identification of the author of the act - Scope of the act - Meeting of the European Council - Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union - Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country - First paragraph of Article 263 TFEU - Lack of jurisdiction))
(2017/C 121/45)
Language of the case: English

Parties


Applicant: NG (represented by: B. Burns, Solicitor, P. O’Shea and I. Whelan, Barristers)

Defendant: European Council (represented by: K. Pleśniak, Á. de Elera-San Miguel Hurtado and S. Boelaert, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking the annulment of an alleged agreement concluded between the European Council and the Republic of Turkey dated 18 March 2016 and entitled ‘EU-Turkey statement, 18 March 2016’.

Operative part of the order







1.


The action is dismissed on the ground of the Court’s lack of jurisdiction to hear and determine it.










2.


There is no need to rule on the applications for leave to intervene submitted by NQ, NR, NS, NT, NU and NV, Amnesty International, the Kingdom of Belgium, the Hellenic Republic and the European Commission.










3.


NG and the European Council shall bear their own costs.










4.


NQ, NR, NS, NT, NU and NV, Amnesty International, the Kingdom of Belgium, the Hellenic Republic and the Commission shall bear their own costs.






(1)  OJ C 232, 27.6.2016.
Joined Cases T-158/14, T-161/14 and T-163/14: Judgment of the General Court of 28 February 2017 — JingAo Solar and Others v Council (Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive countervailing duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Scope of the investigation — Sampling — Definition of the product concerned)
Date: 2017-02-28
Institutions: General Court
Subjects: China, anti-dumping duty, import (EU), originating product, photovoltaic cell, semi-metal








C_2017121EN.01002202.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/22





Judgment of the General Court of 28 February 2017 — JingAo Solar and Others v Council
(Joined Cases T-158/14, T-161/14 and T-163/14) (1)

((Subsidies - Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China - Definitive countervailing duty - Undertakings - Action for annulment - Interest in bringing proceedings - Admissibility - Scope of the investigation - Sampling - Definition of the product concerned))
(2017/C 121/32)
Language of the case: English

Parties


Applicants: JingAo Solar Co. Ltd (Ningjin, China) and the five other applicants whose names appear in the annex to the judgment (represented initially by A. Willems, S. De Knop and J. Charles, and subsequently by A. Willems and S. De Knop, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen, acting as Agent, B. O’Connor, Solicitor, and S. Gubel, lawyer)

Intervener in support of the defendant: European Commission (represented initially by J.-F. Brakeland, T. Maxian Rusche, and A. Stobiecka-Kuik, and subsequently by J.-F. Brakeland, T. Maxian Rusche, and A. Demeneix, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (OJ 2013 L 325, p. 66), in so far as it applies to the applicants.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders JingAo Solar Co. Ltd, and the other applicants whose names appear in the annex to bear their own costs and to pay those incurred by the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 159, 26.5.2014.
Case T-160/14: Judgment of the General Court of 28 February 2017 — Yingli Energy (China) and Others v Council (Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Exporting country — Scope of the investigation — Sampling — Normal value — Definition of the product concerned — Time limit for the adoption of a decision on a market economy treatment claim — Temporal application of new provisions — Injury — Causal link — Rights of the defence — Calculation of the injury margin)
Date: 2017-02-28
Institutions: General Court
Subjects: China, anti-dumping duty, import (EU), originating product, photovoltaic cell, semi-metal








C_2017121EN.01002301.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/23





Judgment of the General Court of 28 February 2017 — Yingli Energy (China) and Others v Council
(Case T-160/14) (1)

((Dumping - Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China - Definitive anti-dumping duty - Undertakings - Action for annulment - Interest in bringing proceedings - Admissibility - Exporting country - Scope of the investigation - Sampling - Normal value - Definition of the product concerned - Time limit for the adoption of a decision on a market economy treatment claim - Temporal application of new provisions - Injury - Causal link - Rights of the defence - Calculation of the injury margin))
(2017/C 121/33)
Language of the case: English

Parties


Applicants: Yingli Energy (China) Co. Ltd (Baoding, China) and the 14 other applicants whose names appear in the annex to the judgment (represented initially by A. Willems, S. De Knop and J. Charles, and subsequently by A. Willems and S. De Knop, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen, acting as Agent, B. O’Connor, Solicitor, and S. Gubel, lawyer)

Intervener in support of the defendant: European Commission (represented initially by J.-F. Brakeland, T. Maxian Rusche, and A. Stobiecka-Kuik, and subsequently by J.-F. Brakeland, T. Maxian Rusche, and A. Demeneix, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (OJ 2013 L 325, p. 1), in so far as it applies to the applicants.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Yingli Energy (China) Co. Ltd, and the other applicants whose names appear in the annex to bear their own costs and to pay those incurred by the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 142, 12.5.2014.